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All Journal El-Sirry: Jurnal Hukum Islam dan Sosial Jurnal Hukum Keluarga
Asliah, Nur
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Impact of Early Marriage Traditions Ahmadi, Ahmadi; Asliah, Nur; Pane, Erwin
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17412

Abstract

This study aims to analyze the forms of impact of early marriage and the factors behind its sustainability in society. The method used is qualitative research with a literature study approach, through analysis of books, journal articles, research reports, and relevant policy documents. The results show that early marriage has the potential to hinder access to education, increase reproductive health risks, trigger psychological unpreparedness in marriage, and strengthen the cycle of poverty and gender inequality. In addition, the practice of early marriage also has an impact on the high divorce rate and the weak quality of childcare. This study concludes that the tradition of early marriage requires comprehensive handling through educational, social, and legal policy approaches oriented to the protection of children's rights and the improvement of family welfare.
Child Marriage in Indonesia: A Normative Analysis of Islamic Law and Nasional Marriage Law Asliah, Nur; Hasanah, Uswatun; Sadiyamue, Sitinur
Jurnal Hukum Keluarga Vol. 2 No. 02 (2025): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v2i02.44

Abstract

This study examines child marriage in Indonesia from the perspective of Islamic law and national marriage law. The research aims to analyze the normative foundations of child marriage in Islamic jurisprudence and Indonesian positive law, as well as to assess their implementation in judicial decisions concerning marriage dispensation. This research employs a normative legal approach, relying on statutory regulations, classical and contemporary Islamic legal sources, and relevant court practices. The findings indicate that although Islamic law does not stipulate a specific minimum age for marriage, it emphasizes maturity and readiness, which align with the objectives of Islamic law to protect life, intellect, and lineage. In contrast, Indonesian national law, particularly after the enactment of Law Number 16 of 2019, establishes a strict minimum marriage age as part of child protection efforts. However, the practice of granting marriage dispensations by Religious Courts reveals a legal tension between normative regulations and social realities. This study argues that the persistence of child marriage reflects structural, cultural, and socio-economic factors that challenge both Islamic legal ideals and national legal frameworks. The research contributes to contemporary legal discourse by highlighting the need for a more integrative approach that strengthens child protection while remaining sensitive to Islamic legal principles and judicial practice in Indonesia.
Co-Authors AHMADI Erwin Pane, Erwin Sadiyamue, Sitinur Uswatun Hasanah